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Can the probate court appoint a person other than the person named by the deceased to administer the estate?
Wiki User
∙ 9y ago
Yes, for several reasons. The named individual may decline, may be deceased, may be unable to serve for some reason, or the court may respond to objections by interested parties and appoint someone else.
Wiki User
∙ 9y ago
Yes, a probate court can appoint a different person to administer the estate if there are valid reasons for doing so, such as the named person being unable or unwilling to fulfill the duties. The court will typically consider the best interests of the estate and beneficiaries when making such decisions.
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How do you sue an estate of a deceased person with no will?
To sue the estate of a deceased person with no will, you would typically need to file a claim in the probate court where the person lived. The court will appoint an executor or administrator to handle the estate and the lawsuit. It's advisable to consult with a probate attorney to guide you through the process.
How do you obtain letters testamentary when the deceased had no will in Oklahoma?
You would need to file a petition with the court for letters of administration. The court will appoint someone to administer the estate, typically a close family member or next of kin. The administrator will then have the legal authority to handle the deceased's estate according to Oklahoma intestacy laws.
How do you sue the estate of a deceased person?
To sue the estate of a deceased person, you typically need to file a claim in probate court against the estate. The court will appoint an executor or administrator to handle the estate's affairs, including the lawsuit. Make sure to follow the legal procedures and deadlines set by the court.
Grant of probate?
A grant of probate is a legal document issued by a court that confirms the validity of a deceased person's will and gives authority to the named executor to administer the estate according to the terms of the will. It allows the executor to collect and distribute the assets of the deceased individual in accordance with the law.
What does a probate lawyer do first when handling an estate?
A probate lawyer typically starts by reviewing the deceased person's will, if there is one, to determine who the beneficiaries are and what assets are involved. They also identify and notify potential heirs, gather documentation of the deceased person's assets and debts, and submit the will for probate if necessary.
How do you gain power of attorney of your dads estate without a power of attorney?
A power of attorney is executed by a living person who wants to appoint an agent to act for them. If your father is deceased you need to petition the probate court to be appointed the estate representative.A power of attorney is executed by a living person who wants to appoint an agent to act for them. If your father is deceased you need to petition the probate court to be appointed the estate representative.A power of attorney is executed by a living person who wants to appoint an agent to act for them. If your father is deceased you need to petition the probate court to be appointed the estate representative.A power of attorney is executed by a living person who wants to appoint an agent to act for them. If your father is deceased you need to petition the probate court to be appointed the estate representative.
How do you sue an estate of a deceased person with no will?
To sue the estate of a deceased person with no will, you would typically need to file a claim in the probate court where the person lived. The court will appoint an executor or administrator to handle the estate and the lawsuit. It's advisable to consult with a probate attorney to guide you through the process.
How much does probate cost?
I have been told that to obtain a grant of probate yourself it costs £90. To appoint a solicitor to do it is considerably more but unsure how much. The cost can come out of the deceased estate.
How do you obtain letters testamentary when the deceased had no will in Oklahoma?
You would need to file a petition with the court for letters of administration. The court will appoint someone to administer the estate, typically a close family member or next of kin. The administrator will then have the legal authority to handle the deceased's estate according to Oklahoma intestacy laws.
How do you sue the estate of a deceased person?
To sue the estate of a deceased person, you typically need to file a claim in probate court against the estate. The court will appoint an executor or administrator to handle the estate's affairs, including the lawsuit. Make sure to follow the legal procedures and deadlines set by the court.
Grant of probate?
A grant of probate is a legal document issued by a court that confirms the validity of a deceased person's will and gives authority to the named executor to administer the estate according to the terms of the will. It allows the executor to collect and distribute the assets of the deceased individual in accordance with the law.
How can you be the executor if there is no will?
Apply to the probate court. They will appoint an executor and the estate will be distributed according to law.
Who distributes estate of a deceased person?
The estate of a decedent is distributed by the court appointed fiduciary for the estate. If the decedent made a will the court will appoint an executor. If the decedent had no will the court will appoint an Administrator.
In Colorado when a person dies with no will and the next living relative is a uncle what are the proceedings?
The estate will have to go through probate, which means the court will appoint an executor for the estate and the executor will carry out the wishes of the deceased to the best of his abilities. Abiding state and local laws and taxes
How does probate handle the sale of a home?
If the person who owned the home is now deceased, that person's estate must be probated before the home can be sold. Probate is what authorizes someone representing the estate of the deceased person to sell the home.
If Life Insurance policies are not part of a deceased's estate should an Executor probate an estate that is worth less than the legal fees the estate will incur to probate?
If there is no real property to convey, some states have a short form set of documents that reduce the time and cost of probate. And if there are debts owed by the deceased, it would be a good thing to probate it and get the debts resolved.
If a deceased paid no business or personal taxes will that come up in probate?
In most cases that will be a responsibility of the estate. The executor is supposed to file taxes for the deceased and the estate.
